Quinn v Kai Seng Australia Holding Pty Ltd

Quinn (the applicant) brought proceedings against Kai Seng Australia Holding Pty Ltd (the respondent) in the Federal Court of Australia. The applicant sought to recover an amount claimed to be due for long service pay under the *Long Service Leave Act 1955* (NSW).

The primary legal issue before Emmett J was whether the Federal Court possessed the necessary jurisdiction to entertain a claim for long service pay arising under a New South Wales statute. This question turned on the interpretation of the *Fair Work Act 2009* (Cth) and its interaction with state-based long service leave legislation.

Emmett J determined that the Federal Court did not have jurisdiction to hear the applicant's claim. His Honour reasoned that the *Fair Work Act 2009* (Cth) does not confer jurisdiction on the Federal Court to determine disputes concerning entitlements under state long service leave legislation. The Act's provisions relating to the jurisdiction of the Federal Court were found to be confined to matters arising under the Act itself, or under other Commonwealth legislation, and did not extend to the enforcement of state-based entitlements like those under the *Long Service Leave Act 1955* (NSW).

Consequently, the application was dismissed for want of jurisdiction.